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If you’re considering a modification in spousal maintenance, the statute allows you to get a copy of your spouse’s income tax returns from them every two years. It’s a good idea to know what their income is before you bring a motion to modify spousal maintenance. If they refuse to provide that information, you can serve what’s called discovery and force them to provide that information, or serve subpoenas to obtain that information. Springing a motion for spousal maintenance modification, you have the burden of proof, so you want to make sure that if you’re going to spend the time and effort to bring that motion that you’ve got a strong likelihood of success.
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Minnesota family law attorney DeAnne Dulas discusses how to deal with an ex-spouse that is not paying as much as they could in spousal maintenance.